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HomeMy WebLinkAboutMinutes 03/02/1970X39 MINUTES OF MEETING OF CITY COUNCIL. PETALUMA, CALIFORNIA March 2, 1970 In recommending that the Council accept the bid of'Wallace & Tiernan, Mr. Young explained that the equipment is more modern in design and compatible with the existing chlorinator at the swimming pool. He added that the low bidder's equipment involves a monthly operating cost of $30 for chemicals, etc.; whereupon, Resolution #5411 N.C.S., awarding contract in accor- dance with the specifications entitled, "Automatic PH Controller and Automatic Chlorine Residual-Controller, PR8 -69" to Wallace & Tiernan, was introduced by Councilman J'oerger, seconded by Council- man Mattei, and adopted by 7 affirmative votes. Petaluma Local Agency Formation Commission of r Annexation the County of Sonoma Notice of Public No. 70-1 Hearing.on March 5, 1970 at 4 :00 p.m. at the - Administration Building, 2555 Mendocino Avenue, Santa Rosa, on the subject annexation (Paula Lane Reser- voir'), read and filed. Mayor Putnam noted that she will be present at the meeting.. Council Meeting Regular meeting of the City Council of the City of Petaluma was called to order by Mayor Putnam,at the hour of 7:30 o'clock p.m._ Attendance Present: Councilmen Battaglia, Brainerd, Brunner, Cavanagh, Jr., Joerger, Mattei, and Mayor Putnam. Absent: None. Invocation The invocation was given by the Reverend Kenneth Ohrstrom, First Baptist Church. Approval of Minutes The minutes of February 16, 1970, were approved as recorded. Dyke Hendricksen Mayor Putnam introduced Mr. Dyke Hendrick - s.en, new Argus- Courier correspondent re- placing Dennis Po.oier. Controller and Notice to Bidders of the subject equip - F Chlorinator for ment was duly published. Director of�� Municipal Swimming Public Works David Young reported that Pool the following three bids were received Res. #5411.N.C.S. at the bid opening on February 18, 1970: Name Amount Fischer &.Porter Company $3,800.00 Nor- Engineering Inc. 4,716.60 Wallace & Tiernan 4,076.00 In recommending that the Council accept the bid of'Wallace & Tiernan, Mr. Young explained that the equipment is more modern in design and compatible with the existing chlorinator at the swimming pool. He added that the low bidder's equipment involves a monthly operating cost of $30 for chemicals, etc.; whereupon, Resolution #5411 N.C.S., awarding contract in accor- dance with the specifications entitled, "Automatic PH Controller and Automatic Chlorine Residual-Controller, PR8 -69" to Wallace & Tiernan, was introduced by Councilman J'oerger, seconded by Council- man Mattei, and adopted by 7 affirmative votes. Petaluma Local Agency Formation Commission of r Annexation the County of Sonoma Notice of Public No. 70-1 Hearing.on March 5, 1970 at 4 :00 p.m. at the - Administration Building, 2555 Mendocino Avenue, Santa Rosa, on the subject annexation (Paula Lane Reser- voir'), read and filed. Mayor Putnam noted that she will be present at the meeting.. March 2, 1970 The Plan as indicated in Mr. Isaak's letter. The possibility of a reim- bursement agreement plan for connec- •-Mons into the .Master Sewer Plan trunk when and if constructed along Petaluma Boulevard North from future development in the area. Also the possibility of a reimbursement agreement p -lan, 'from con- nections into the Master S :Plan trunk when and if constructed along Petaluma Boulevard North required by - the County if health hazards exist from malfunctioning-septic tanks... Director of Public Works David Young stated that the Sonoma County Health Sanitarian has been contacted with regard to the matter of sanitary con- ditions possible future connections in the area adding that a report is expected 'soon. For Council information regarding possible future sewer connec- tions in the vicinity, Mr. Young noted M 1 1 1 PUC Public Utilities-Commission amendment lg �� to order instituting investigation on "own 0� the Commission's motion into the rules pertaining to underground exten- sions to commercial and industrial developments and to individual custo- mers of all electric and communication public utilities, read and filed. City Attorney _Robert wa :s directed to prepare an ordinance- for'Council consideration requiring underground installations for all new subdivisions. PUC PUC Notice of Pr,ehearing Conference on / March LI, 1970, State Building, San Francisco.; regarding application of Pacific! Gas and.-Electric Company for authority to revise its tariff for natural-gas s;ervi -ce, read and filed. / PUC Public Utilities Commission Notice of Hearing -on March 1.9, 1970, State Build - ng, S'an Fr-ancisco, regarding applica- tioh of Pacific Gas and Electric Company for authority to revise its tariff for natural gas service, read and filed. lS / Petit'ion - Letter,, d'a'ted February 20, 1970 ,, from W. Georg and W. Georg Isaak that after much thought Mary Is•aak re. of the` - hypothe -tied solutions proposed Master Sewer- by Mayor Putnam,.Counc'ilmen and, Plan Joerger at the February 1.6, 1970 Coun- cil meeting, he is requesting that.the City Ceuncil consider the plan to per- mit direct contact with the nearest sewer until another sewer line is brought into the vicinity of his pro- perty at which time a switch -over will be made,- -read and filed. The hypothe- tical solutions were requested by Coun- cilman Mattei to be included in the minutes. They are as follows: The Plan as indicated in Mr. Isaak's letter. The possibility of a reim- bursement agreement plan for connec- •-Mons into the .Master Sewer Plan trunk when and if constructed along Petaluma Boulevard North from future development in the area. Also the possibility of a reimbursement agreement p -lan, 'from con- nections into the Master S :Plan trunk when and if constructed along Petaluma Boulevard North required by - the County if health hazards exist from malfunctioning-septic tanks... Director of Public Works David Young stated that the Sonoma County Health Sanitarian has been contacted with regard to the matter of sanitary con- ditions possible future connections in the area adding that a report is expected 'soon. For Council information regarding possible future sewer connec- tions in the vicinity, Mr. Young noted M 1 1 1 March 2, 1970 Petition - that his office was contacted recently W. Georg and ..-concerning-development of land lying Mary Isaak re. ad'jacen't and northerly to Mr. Isaak's Master Sewer Plan property. (continued) Mr. Isaak was present to discuss his request-with the.Council. If Mr. Isaak were permitted and did connect..to the Assessment District #6 fine acr.os.s Petaluma River and at some future date when and if a Master Plan sewer trunk were constructed on Petaluma Boulevard North, the question arose whether it would be possible to levy connection charges against Mr. Isaak for'his share of the Master Plan sewer line. This was discussed at the Febkiiiary 16th, 1970 Council{ -meeting -but deferred until City Attor- ney Robert's return from his trip. Th&_ma.tter was referred to Mr. Robert for - a.le:gal opinion. It was decided to continue discussion of Mr. Isaak's request at the Council meeting of March 16, 197.0,..after all reports requested.are submitted. Claim.- Claim, dated February 16, 1970, filed William H. McDevitt by William H.:,McDevitt Company for dam - Company ages. -to Crocker- McDevitt Construction Res. . #54.12 N.C.S. site.on Lakeville Highway in the _amount of $1�,798.50,, read . and filed. Resolu- tion No. 5412.N..:C .'S., denying claim of McDevitt :Company, was introduced by Councilman .Braine seconded by Coun- cilman Joerger, -and adopted by 7 affir- inative. - votes .. . �.Y. r- Claim Letter, dated'February 3, 1970, from W. /1.6 California,State T. Bain,..Examiner,. Subrogation Section, Automobile Assn:. -- California-: Automobile Association, Res. #5413 N.C.S. filing claim for property damages to car owned by Yvonne -A. Garner, 128 Maria Dr:ive,• in- the - amount of $183.71, read -and,filed. Resolution No. 5413 N.C.S., d,enyi'ng claim of,. Yvonne A. Garner, was •introd,uce.d. by - Councilman Brainerd, sec- ond,ed. by- .- Counci-lman Joerger, , and adopted by 7 affirmative votes: Old Adobe Fiesta Letter -,. dated - February 13, 1970, from Mrs. Hagain, Corresponding Sec- retary., -O`ld Adobe. Fiesta Association, requesting the Council to consider al- locat -ng -; .. funds to the Organization to be used for adve'rti ing the Fiesta, read and - failed.- Mr.. •Ross Smith, Coordinator • of the Fiesta,. appeared before the Coun- ci - He: reviewed in detail the proposed acti -v ,ties fbr%.tl e two -day celebration and stated -'that besides a balance on hand from-l.ast - year's event, additional funds are. required. In considering the request,' Councilman Cavanagh, Jr., sug- gested,.'that the- Organization con- tact; the Sonoma, - County Board of Supervi- `sors possible participation of funds March 2, 1970 Old Adobe Fiesta (continued) C' / Petaluma 'River / Bank = Linda Del Mar Subd.. for the program. Discussion followed -,. .and,it was agreed that City Manager Meyer and Recreation, - Director Shollenbe meet with the'Old Adobe Fiesta Association.to review City personnel involved,to be used, other services to be provided, and the amount of -funds to be allocated (from the Trans -ient Occupancy Tax Fund) for a recoin- mendation to the Council thereon at the March 16, 1970 meeting. Councilman Brun- ner also;-.asked,-that the entire area of eligibility of - funds for organizations etc -. !, from the-Transient Occupancy Tax Fund -`be- explored - before a decision is reached on n t -he Adobe Fiesta's request;,.. Letter dated February 17 -, 1970, from Mr. Bob Phillips, owner of property at 23 Rocca Drive, requesting to discuss the problem of - the. Petaluma River bank,, read and filed. Mr. Phillips was present and stated-that--he contacted the Sonoma Coun- ty • Water. Agency. and the U.S. Corps of Eng -neers for an.indication from them whether or not the erosion problem effect- ing homes located in the Linda Del Mar Subdivision on the west side of the bank_ and south of 'the- Payran Street bridge w11 be included•as a proj -ect in the Petaluma-River Study. He was informed that . projects,a're unknown until the study is fin,ali<ze-d. Mr-. Phillips wanted to know what the City could do if the County and Federal- government decide not to al- lev.a;te -the problem. Because. -of its related nature, the Coun- cil agreed-to.:hear at this time the City Attorney's report on the status of the Linda Del Mar- :S.ubdivision Fund scheduled later on the agenda. rI". ':- , City Attorney then reviewed ^ the history of'the Linda Del Mar Subdivision. The - developer declared bankruptcy and the public improvements were not completed.. A suit was filed by the City against the bonding company, and a settlement of $ -was accepted by the City. After •..payment of.attorney fees, a balance of $64,215..07 was set aside as a separate project fund: Mr.. Robert reiterated his recommendation that this money be used for an,engin_eering study and to assist the.Flood Control District because the fund 'is insufficient to make adequate repairs to the bank. He also stated that if the.City took some action .on the west - erly bank of the River, more than likely thisv work. could 'create an adverse effect on the opposite' bank, and such a result could open the: City to considerable lia- bility. Mr.. Leon.Bohling, owner of property at 11 Rocca Drive, spoke of the danger to the homes in the area and also recommend- ed that the footing of the Payran Street 1 .. 443 March 2 -, 1970 Petaluma, River bridge. be investigated. Mr. John Kaupp. Bank -=Linda of. 2 RioiVista Way, complained abo.ut'.ero.- Del Mar Subd. sion of hr's, backyard -on the easterly (continued) side of the'•bank Considerable discussion followed in which Councilman J.oerger- recalled consideration of-a plan time ago to negotiate moving - the endangered.homes to a more suitable lo:catibn. Mr. Jack Garrison, former Ex- ei uu .6 of . the' Redwood Empire Savings & Loan' Ass.ocia'tioh (now known as the Golden ;We`st Savings & Loan Association and one o'f the. banks .holding title to the homes) , spoke on-the feasibility of a cooperative program.of the 'land owner, the financial -institution, and the City to-study the Proposal of - relocating the homes. Upon conclu- s'ion' ,by the Council of listen- ing. and conskaer.ing to the appeals made for a solution to the problem, Mayor Pu.tnam:appoin;ted Councilmen Brunner and Matte to serve on a committee to explore 'the' relbcation` ,lan. City Manager Meyer was then directed to contact the finan- c'al institution- and arrange a joint meeting as_s,00n as possible with the Couri committee -,. Mr. Bohling, and Mr. Phil'ligs•;. for..:a report to the Council the- =r= eon -. . Mrs.. Rinehart, 36 Jess Avenue, requested notice of any meetings in con- nection with the. matter. Councilman Joer- .ger.was requested to report the entire matter, including the erosion on the east side of the bank,, to the Zone 2A Flood Cop�tr-ol District. -for its discussion there- on�and.for possible County assistance. Claims and Bi -l_ls - Resolution. No.. .54,14 N.C.S., approving Res. #5414 N.-C. S C ai•ins`:and' 5175 to 5252 in- clusive and Nos. 2,900 to 2915 inclusive for payment' -by> the City Manager, was introduced: by - Councilman Joerger, sec- onded by Councilman Brainerd, and adopted 'by 7 affirmative- votes. House Moving. City Manager Robert Meyer reported that .the Police ,Qhie "f , Fire Chief , and City _ .Engineer ,,concerned about the in- creased •act.ivity 'in house moving over City S'treet`s and"the possible traffic problems., and hazards involved. A Mora to:rium, was declared by the Staff until a, ;de'cis:ion is reached, on the matter by the, Cb,uncil. - Police Chief .' H°iggins, Fire Chief Benton, -and City 'Engineer: Young explained the reasons'for;.their concern. Representa- .tives-of the foal house moving firms apoke:: Modesto House Movers, Griffith Homes, and Wacker & Sons. In the dis- cussion that followed, the house movers indica- ted.that five more homes are to f I A._ March 2, 1970 House Moving (continued) N Water Quality Control Board be _moved through.the City in the near future-via the barge system. These will be moved westerly, out Bodega Avenue and not - over the; East Washington Street Free- way 'Inter-"change -= one point of great con - cern to, the- Staff. After consid'er'ing the facts pres.ernted;' �a motion was made. by Cburiclmah'Battaglia and seconded by Coun- c'i'lman "Mattei that the moratorium be re- mov6d'f the movers secure a business lic- ense_' 'and "move' the five houses in question, the policy 'be °continued for police escort arid' for PolIce' Department's establishment of the most - 'expedient and proper through the City., and that whenever cross - ing- `East .Wa:hMngton Street Freeway Inter - , change ., proper' permits be obtained from th'e State. Motion carried unanimously. The'C`ity Attorney was directed to the present house moving ordinance for possible' up- da- tiri:g. He was asked to ob -' t'ain ordinances .from various cities f'or referral purpose's. City Manager Meyer reported that City Engineer David Young attended a meeting recently 'held by the subject B'cgard, 'and. Petaluma is not No. 6 in the ' "Top .Ten" viol.ator,s as was reported on a recent ",news `telecast. The corrected priority .r'drik. ng for Petaluma is No. 23. Mr'.. Young ;added that the Board recommended . no ddtioh - in 'Petaluma's case. He spoke - of the requirements imposed on various cities and the Board's firmer policy on pbllut'ion ofleh&!ts . Petaluma 'Senior 'Mayor Putnam' requested the Council to con- H School Trip s - ides 'an invitation from members of the Ecology Club .o,.f ?et°aluma Senior High School to accompany them on a tour of the' .'Petaluma River. These tours are being conduct'ed' "on Mondays and Thursdays. from - 3:00 to 4,:30 p.m. The City Manager was asked t& make'the necessary arrange- ,men s for the Council. AB 729 City Manager Robert Meyer rep.orte;d that at the Chamber•of Commerce Board'of Dir- ectors' Meeting. "today a letter 'was dis cussed regarding the subje'c.t.Bill, which Is a pant of" ACA' '38, relating to the .Gas Tax Program..'. This matter will be further discussed at the Council's adjourned meet- ing on Mar,ch;9 1970. Tow -Away Service The City Manager stated that legislation regarding tow -away service and storage of cars :n connection with establishing tow =away zones will be - presented for Council consideration on Monday, March 9, \\ 1970. State Lands The" Manager reported that the State Commission Lands. Commission - approved the exchange agreement between the State, the McNear Company, and the City. - 445 March 2, 1970 National..Beauti,= . Mayor Putnam stated that she will defer fication Award her report on..th ational Beautification Award Conferehce to the.Council meeting of March '9, ,19 7 . Community -Wide Mayor Putnam recalled that Mr. William Finance Committee Schneider. was. appointed to serve as Chair- man - of the..::subj.ect Committee. A letter will be forwarded to those on a list se- .lected.to serve on.the Committee and a final list be developed from those who accept. Auto Dismant- Upon..question. Councilman Brunner,. ling Yards Mayor Putnam stated that the matter of auto dismantling,,yards will move ahead as soon as a.meeting is culled with all three -.yard owners in attendance. Street Name Change - City Planning Commission Resolution No. McDowell Road 1 =70,-- recommending to the City Council 3� Res. #5415 N.C.S. that a certain street known as McDowell Road have its. changed to North McDowell Boulevard, submitted and filed. Resolution -AQ —541'5 N.C.S., renaming a certain stree;t,.- lg'ing within Petaluma Industrial Park and known as McDowell Road to Nor -th McDowell Boulevard, was introduced by Councilman Brunner, second- ed „`by. Councilman :Mattei , and adopted by T af.f'ir- mative votes. Request County Plannin.g.C-9mmiss on Resolution No. 2 -70, to Rename Portion recommending to the City Council to for - McDoweli Road ward a_- request to the Sonoma County Plan- F Res. #5416 N.C.S. nirig Commission to rename a portion of Q McDowell Road, submitted and filed. Resolution No., 54 N.C.S., requesting Sonom, a County ,Planning Commission and the Sonoma County Board of Supervisors to take the- appropriate action to rename a•- ;portion of MQDowel-1 Road, was intro- duced.by Councilman Brunner, seconded by Counci.lman.M.at,tei, and adopted by 7- afsfirmative votes. Planning Commission - Planning Commission Resolution No. 3 - 70, r Increase Members recommending to the City Council that 3 the * numbe -r oI. Planning Commission mem- 4ers be increased to provide for the formation of -a Board of Zoning Adjust-' m6nt. submitted and filed. In order to further- study'the recommendation, the City Manager mas directed to ar- range a late afternoon joint meeting this week, If possible, of the Council; the Planning. Commission, and appropriate Staff members- Rezoning Pl_anning-Commis.si Resolution No. Z3 -70, 1796 East: -Wash- recommending the adoption of proposed ington Street amendment to Zoning Ordinance No. 662 Ord. #972.N.C.S. N.C.S. by reclassifying Assessor's Par- cel N`b_ 1.49 - .122 -22 from an R -1 -6,000 (One- Tamil,y -Re,sidential) Zone to a P -M (P.rofessonal- Medical ) Zone and March 2, 1970 Rezoning - a -C (:Community Commercial) Zone - 1796 East Wash- 1796 East Washirigton Street (located ington'S.tr:eet between McDowell`Boulevard and Maria Ord. #_9'72 N..C..S. Drive') , submitted 'and filed. Planning (continued) Director McGivern.showed a map of the area and an architect's rendering of the proposed deve- lopment for the pro- pe ty involved; whereupon, Ordinance No. 972 N.C.S.; amending Zoning Ordi- nance No. 6612 N.C.S., as recommended, was introduced by Councilman Brunner, seconded by'Cbuncilman Mattei, and ordered published by 7 affirmative votes. Construction of City'Manage`r Robert Meyer noted that Public Improvements two ordinances were prepared by the City Attorney for Council considera- tion of amending bond requirements as set forth n.Ordinance Nb. 711 N.X.S. (Section 21.76 of*the Petaluma City, Go de;)''. He the Council. to re- view two proposals for action on March 9,'1970'. \� State Division Resolution N.C.S., authorizing / of Highways - the execution of an agreement with the Petaluma State of California to provide for the Maintenance installation installation and construction of water Station mains and sanitary sewer lines and the Res. #5417 N.C.S. dedication of street for a state high- way maintenance station, was introduced by Councilman Joerger, seconded by Coun -. Gilman Brainerd, and adopted by 7 affir- mative votes: Shell Oil In answer to Councilman Mattei, City \j Service Station Manager RobertF Meyer confirmed that a 801 E. Washington letter has been received from the Shell Street Oil'Company (on file with the City Clerk - File No. 1 , agreeing to relocate pump islands constructed within 15 feet ,of the front property line at -its .,service station located at 801 East Washington Street when East Washington Street is widened. Douglas Oil In answer to Councilman Cavanagh, Jr., Service Station Planning Dire.ctor -McGivern stated that 532 E. Washington he would check and,.find out if Douglas Street Oil Service Station remodeling permit was issued'prio'r to the tabling action by the Council of the plan lines on East Washington Street , from Hopper Street to Freeway 101. Planning Director M'cGivern explained that- 'the permit covers an ex- pansi.on of an' .existing facility, and any encroachment would be for signs and possi- bly portions of the canopy but does not involve an encroachment into the public right =of =way. Sunnyhill City-Manager Robert Meyer stated "that. the Annexation applicants of the ;subject annexation have been advised by th'e Staff as. to the proper procedure to follow for an appearance be- fore the Local Agency Formation Commission. 1 C 1 March 2, 1970 4 Adjournment There b'e:i -ng'no further. business to come before the Council, the meeting was ad- - j ourned at 10' : 4,0 o'clock p.m. to an Exe'cu.t•i've 'Session and to Monday, March 9, r .19'70; at'7c30.p.m. q Mayor Attest: 'Citf Clerk